International ABS Regime Negotiations: Challenges and Opportunities

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1 International ABS Regime Negotiations: Challenges and Opportunities Third Pan African ABS Capacity Development Workshop November 2008 Antsiranana (Diego Suarez) Madagascar Timothy J. Hodges Co-Chair UN CBD Working Group on Access and Benefit-sharing

2 Outline of Presentation Context Possible Character of the IR Challenges for the Negotiators Role of Expertise Opportunities for All 2

3 Key Questions: Context Why an International ABS Regime? What is the experience to date in establishing domestic ABS governance? Can an international regime be established before domestic ABS regimes are in place? What are the potential/declared benefits of international action on ABS? What are the potential benefits to be derived from establishing an IR and what are the possible costs? 3

4 North vs. South? ABS: The Grand Bargain of the CBD Conservation for Benefits? False bargain or false expectations? 4

5 5

6 2008: COP IX s ABS Roadmap From Bonn to Nagoya COP IX Experts Meeting on Concepts, Terms, Definitions and Sectoral Approaches 2009: Experts Meeting on Compliance ABSWG7 Experts Meeting on Traditional Knowledge Associated with Genetic Resources ABSWG8 2010: ABSWG9 COP X 6

7 COP IX s ABS Roadmap From Bonn to Nagoya Submissions Submissions Submissions COP 9 Bonn, May 2008 ABSWG7 Paris April 2009 ABSWG8 Malaysia, November 2009 ABSWG9 tbd March 2010 COP 10 Nagoya Oct 2010 Experts: compliance Tokyo, January JWG6 Malaysia, November 2009 Experts: Concepts Namibia, December 2008 Experts: TK-GR India June

8 Character of the IR: Some Questions What should the objectives of the IR be? Will they be narrower/broader than the CBD? Does the IR incorporate other international treaties/fora? Should the IR embrace both mandatory and voluntary measures? Are sectoral approaches tenable? Should compliance be the focus of the IR? What about capacity? Is ABS ultimately about capacity needs and associated access costs? 8

9 Some Challenges for the Negotiators What can be achieved by 2010? How to engage industry, private and public research institutes when some sectors appear unaware/disinterested in ABS IR talks? Who has the authority to issue PIC particularly in confederated states and context of indigenous communities/peoples? To what extent does intellectual property (IP) matter to ABS? How to build awareness among stakeholders and governments? 9

10 Expert Group on Concepts, Terms, Working Definitions and Sectoral Approaches Composition 30 experts 15 observers: from sectors (industry, research institutions/academia, botanical gardens and other ex situ collection holders), IGOs and NGOs, and ILS (3) Questions Access to justice and foreign courts Voluntary measures for compliance Role of international definitions of `misappropriation and misuse of GRs and TK in supporting compliance Compliance and customary law Compliance measures for non-commercial research (progressing to commercial intent) 10

11 Expert Group on Compliance Composition 30 experts 10 observers: 3 ILCs, remaining observers from, ILOs, industry, research institutions/academia Questions Access to justice and foreign courts Voluntary measures for compliance Role of international definitions of `misappropriation and misuse of GRs and TK in supporting compliance Compliance and customary law Compliance measures for non-commercial research (progressing to commercial intent) 11

12 Expert Group on Traditional Knowledge Associated with Genetic Resources Composition 30 experts 15 observers: ILCS (7), remainder from ILOs, industry, research institutions/academia and NGOs Questions Relationship between access and use of genetic resources and associated traditional knowledge? Community practices and customary laws and the IR PIC (transboundary, international law) Certificates and TK Definition Associated TK 12

13 Bridging the ABS Gap Need to appeal to both national interests and to greater global good Middle ground may be emerging but not yet clearly identified No deal until IR has something for everyone: spirit of compromise No IR means failure for all less conservation sustainable development goals not met greater GR benefits not realised 13

14 Timothy J. Hodges Co-Chair ABS Working Group Tel: Mobile: Fax: tim.hodges@ec.gc.ca 14